Nottawaseppi Huron Band of the Potawatomi’s Classified Ads
User Agreement
- Introduction
This User Agreement, and all policies and additional terms posted on and in our site, sets out the terms on which Nottawaseppi Huron Band of the Potawatomi offers you access to and use of our servers, services, websites or any associated content/posting (collectively “Classified Ads”). By accessing or otherwise interacting with our Classified Ads you agree to comply with all of the terms of this User Agreement.
The entity you are contracting with is: Nottawaseppi Huron Band of the Potawatomi (NHBP), 1485 Mno-Bmadzewen Way, Fulton, Michigan 49052. In this User Agreement, NHBP is referred to as “NHBP,” “Tribe,” Band,” “we,” or “us.”
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below).
- About NHBP Classified Ads
NHBP Classified Ads is an online marketplace that allows the Tribe’s Members to offer and sell just about anything. The actual contract for sale is directly between the seller and buyer.
While we may provide a platform to list and search for items being sold by Tribal Members, NHBP Classified Ads has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
- Using NHBP Classified Ads
In connection with using or accessing the Classified Ads you will not:
- post, list or upload inappropriate content or items;
- breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- use our Classified Ads if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- fail to deliver items sold by you;
- interfere with any other user’s listings;
- post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm NHBP Classified Ads or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Classified Ads for any purpose, except with the prior express permission of NHBP;
- interfere with the working of our Classified Ads, or impose an unreasonable or disproportionately large load on our infrastructure;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to NHBP. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to NHBP or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Classified Ads or post content that does not belong to you;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide the Classified Ads.
If we believe you are abusing NHBP Classified Ads in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your access to our Classified Ads, remove and/or not display listings, and take technical and/or legal steps to prevent you from using our Classified Ads.
- Listing Conditions
When listing an item, you agree that:
- You are an enrolled Member of the Nottawaseppi Huron Band of the Potawatomi.
- You are responsible for the accuracy and content of the listing and item offered.
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 48 hours in some circumstances). NHBP can’t guarantee exact listing durations.
- When you use the consumer seller listing tool to create listings, your fixed-price listings may renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing.
- Content that violates any of NHBP Classified Ads’ policies may be modified, obfuscated or deleted at NHBP’s discretion.
- Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
- Purchase Conditions
When buying an item, you agree that:
- You are responsible for reading the full item listing.
- Use of the Classified Ads does not transfer legal ownership of items from the seller to the buyer.
- NHBP Classified Ads is merely hosting the ads of its members and NHBP is not a party to the transaction.
- Content
When providing content using the Classified Ads (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Classified Ads, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against NHBP, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of the Classified Ads.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. NHBP takes no responsibility and assumes no liability for any content provided by you or any third party.
You agree that NHBP is not responsible for examining or warranting the listings or content provided through the Classified Ads, and that you will not attempt to hold the Tribe liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.
NHBP’s Ads marks, logos, designs, and phrases that we use in connection with our Classified Ads are trademarks, service marks, or trade dress of NHBP in the United States. They may not be used without the express written prior permission of NHBP.
- Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. NHBP works to ensure that listed items and content on our site do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify NHHP Director of Communications and we will investigate.
- Disclaimer of Warranties; Limitation of Liability
NHBP tries to keep our Classified Ads safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Classified Ads.
You agree that you are making use of our Classified Ads at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using the Classified Ads;
- your use of or your inability to use our Classified Ads;
- pricing, format, or other services provided on NHBP Classified Ads;
- delays or disruptions in our Classified Ads;
- viruses or other malicious software obtained by accessing or linking to our Classified Ads;
- glitches, bugs, errors, or inaccuracies of any kind in our Classified Ads;
- damage to your hardware device from the use of any NHBP Classified Ads Service;
- the content, actions, or inactions of third parties, including items listed using our Classified Ads or the destruction of allegedly fake items;
- the duration or manner in which your listings appear in postings or search results; or
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
- Release
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
- Indemnity
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of NHBP Classified Ads or your breach of any law or the rights of a third party.
- Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW ANY CLAIMS ARISING UNDER THESE TERMS AND CONDITIONS ARE RESOLVED.
You and NHBP Classified Ads agree that any claim or dispute at law or equity that has arisen, or may arise, between you and NHBP (including any claim or dispute between you and a third-party agent of NHBP) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Classified Ads, the actions of NHBP or its agents, or any products or services sold or purchased through the Classified Ads, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
- Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the Nottawaseppi Huron Band of the Potawatomi, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and NHBP, except as otherwise stated in this User Agreement.
- Sovereign Immunity
NHBP, as a sovereign nation, has certain privileges and immunities recognized under the laws of the United States of America and confirmed in the laws of the Tribe. You understand and agree that NHBP has not waived its sovereign immunity and retains all such privileges and immunities. You further understand and agree that your only recourse against NHBP is to seek injunctive relief enforcing the terms and conditions of the Agreement or to discontinue use of NHBP Classified Ads.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND NHBP AGREE THAT NEITHER PARTY CAN BRING CLAIMS AGAINST THE OTHER AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed and may be brought in court, subject to your and NHBP’s right to appeal the court’s decision.
- Judicial Forum for Legal Disputes
You and NHBP agree to submit to the personal jurisdiction of the Nottawaseppi Huron Band of the Potawatomi Tribal Court for the purpose of litigating all such claims or disputes.
- General
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.INSERTURLHERE.COM. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you by email. Your continued access or use of our Classified Ads constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended.
The policies and terms posted on our Classified Ads may be changed from time to time. Changes take effect when we post them on the NHBP Classified Ads service.
If you use NHBP Classified Ads on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement and all terms and polices posted through our Classified Ads set forth the entire understanding and agreement between you and NHBP, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.